What is the ruling on the *Mudabbir* (a slave willed to be manumitted upon the master's death) if he commits apostasy and joins the House of War (*Dar al-Harb*)?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
The *tadbir* (the status of being a *Mudabbir*) of the apostate does not become nullified, because his master's ownership remains intact. His transactions, such as manumission, gift, or sale, remain valid if he is under control. If Muslims capture him, they do not gain ownership because he is owned by a protected person (*ma'sum*). He must be returned to his master if known before the spoils (*qism*) are divided. He is to be asked to repent; if he repents, he is kept, otherwise, he is executed. If he is not known until after the division of spoils, he is not returned to his master according to one narration. The ruling allowing his return is supported by the continued existence of the master's right, which is considered stronger than the rights of the captors.
Supporting text
According to another narration, if his master chooses, he can reclaim the *Mudabbir* by paying the price agreed upon in the division. If the master declines, the *tadbir* is nullified. If the *Mudabbir* returns to his master by any means, the *tadbir* is restored; otherwise, it is nullified, similar to when he is sold and becomes a regular slave under whomever possesses him.